Cochran v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 109 Kan. 303
• 198 P. 685
• 1921 Kan. LEXIS 131

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Employers’ Liability Act — Petition Shows Both Parties Engaged in Interstate Commerce — Reference to Specific Acts of Congress Unnecessary. In an action against a common carrier by an employee to recover for injuries, where it appears from the petition that both parties were engaged in interstate commerce at the time the plaintiff received his injuries, it is unnecessary that the petition refer specifically to the acts of congress upon which the action is predicated. (Railway Co. v. Brinkmeier, 77 Kan. 14, 93 Pac. 621.)</p> <p>2. Same — Action Under Employers’ Liability Act — Recovery Under Federal Boiler-inspection Act. In an action under the Federal employers’ liability act the plaintiff may recover for injuries caused by the violation of the Federal boiler-inspection act. (U. S. Comp. Stat. 1918, § 8631.)</p> <p>3. • Employers’ Liability Act — Duty of Common Carrier to ■Furnish Employees With Safe Appliances With Which to Work. In an action under the Federal employers’ liability act, and the Federal boiler-inspection act, to recover for injuries caused by the dropping of the crown sheet of the boiler of a locomotive, causing an explosion which injured the plaintiff, held, that there is no force in the contention that his injuries were caused exclusively by his own negligence because there was some evidence tending to show that it resulted from the failure of the defendant to furnish safe appliances.</p>